Veronica Ettel v. HHS - Influenza, transverse myelitis (2015)
Case summary [AI summaries can sometimes make mistakes]
Veronica Ettel filed a petition on June 26, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed transverse myelitis (TM) as a result of an influenza vaccine received on January 23, 2013.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's condition. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on May 22, 2015.
Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as his decision.
The stipulation awarded Veronica Ettel a lump sum of $47,500.00, representing compensation for all damages available under the program. A separate stipulation regarding attorney's fees and costs was filed on July 6, 2015.
Petitioner requested reimbursement for attorney's fees and costs in the amount of $28,316.62, which the respondent did not object to. Special Master Corcoran approved this amount as reasonable.
The award for attorney's fees and costs was to be made in the form of a check payable jointly to Petitioner and her counsel, Alison H. Haskins.
The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Judgment was to be entered in accordance with the terms of the stipulations.
Theory of causation
Petitioner Veronica Ettel alleged that she developed transverse myelitis (TM) as a result of an influenza vaccine received on January 23, 2013. Respondent denied causation. The parties reached a settlement via stipulation, approved by Special Master Brian H. Corcoran on July 28, 2015. The stipulation awarded Petitioner $47,500.00 for all damages and $28,316.62 for attorney's fees and costs, payable jointly to Petitioner and counsel Alison H. Haskins. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the TM.
Source PDFs
USCOURTS-cofc-1_14-vv-00546